How can I divorce my husband if we have been separated for 7 years, have a child and he has jurisdiction?

He has custody of your daughter; I don’t want to change that. He lives in one state and I live in another. I attempted to file for divorce a few years ago and was told that he has jurisdiction because of our child. I have no clue where he is so I can’t even serve him. Is there a specific form I need to file? a time period to wait? I am a full time student/armed forces vet and do not have the money to drive to where my husband lives. So is there an easier way?

Asked on October 11, 2011 under Family Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you want a marital dissolution with your husband, you first need to ascertain where he lives. There are several online services that you can implement on your own for no cost or you can pay for such a service for a limited time to find out where he resides.

Once you find this out, then you need to file a petition for marital dissolution in the county and state where he presently resides for the termination of your marriage and the division of your assets and liabilities. It is highly recommended that you retain a family law attorney to assist you in this process since it can be complicated.

Once the petition is filed, you will need to have your husband personally served with the summons and the petition. He then either answers or you take his default.

Good luck.

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